Is trial balloon full of shale gas?

Published 11:26 pm, Wednesday, June 13, 2012

ALBANY — If Gov. Andrew Cuomo was floating a trial balloon on Wednesday about his plans to allow limited hydrofracking in specific parts of the state, it succeeded in drawing the passionate attention of those on both sides of the issue.

Reaction was swift following a report in The New York Times that the governor planned to allow up to 50 hydrofracking wells in five Southern Tier counties in which the communities are likely to approve the controversial natural gas drilling technique.

Just hours after the story was posted online, a group of Assembly Democrats — many from New York City and other regions — registered their displeasure in a letter to the governor and during a news conference. They believe more study is needed before moving ahead.

More Information

"We get only one chance at this," said Assemblywoman Barbara Lifton of Ithaca, referring to the study the state is conducting. She recruited 75 other lawmakers to sign a letter urging the governor to answer specific questions about hydrofracking, and its potential environmental effects.

"This is an experiment that really deserves more exploration," said Steve Englebright of Long Island.

Then came word of the demonstrations and news conferences planned for Thursday: New Yorkers Against Fracking said they planned a demonstration at the Capitol; supporters, represented by a group of Southern Tier town supervisors who support gas development, said they also plan to travel to the Capitol.

"Not all areas of New York state are against this issue," said Tim Whitesell, supervisor of the town of Binghamton, in Broome County, one of the five counties designated for possible drilling, according to the report.

The debate over whether New York should allow hydraulic fracturing, a relatively new technique for extracting natural gas from underground shale rock, has been raging for several years. The process involves the use of high-pressure steam, sand and proprietary chemicals to create fractures in the underground rock, freeing the gas it holds.

The size of gas reserves in the Marcellus Shale, a geologic formation that sits under parts of the Southern Tier, tantalized those who see it as a way of reviving an economically moribund area. But it also frightened opponents, who worry about potential pollution of drinking water, the watershed, roads and other threats.

The issue has eclipsed almost every other item on the environmental agenda, with opponents making themselves a frequent presence in demonstrations at the Capitol and public hearings around the state.

Many Capitol insiders viewed Wednesday's story as a classic trial balloon through which the Cuomo administration may gauge reaction to their plans. It comes almost a year after another big development on the issue: In late June 2011, the Department of Environmental Conservation released the most recent version of a mammoth environmental impact statement laying out a potential road map for drilling. The final document is still being developed.

Now it appears that Cuomo has narrowed the scope of how he may proceed on hydrofracking. According to the news report — which Cuomo didn't deny — the process would initially be limited to Chemung, Chenango, Steuben, Tioga and Broome counties. Fifty wells would initially be allowed, and the development would only be permitted in communities that want it. That would maintain the ability of towns to ban hydrofracking; some bans have already prompted legal challenges.

While the DEC continues to study the issue, many expect a final decision later this year.

Opposition to hydrofracking is not monolithic. Some groups want an outright ban and others say it might be done on a limited, highly controlled basis.

Because the DEC will ultimately rule on fracking, lawmakers could find it difficult, if not impossible, to stop hydrofracking if Cuomo gives a green light.

They could attempt a moratorium or outright ban, but Cuomo could simply veto it.

Lawmakers also could cut funding for oversight in the budget, but that could prove self-defeating — especially if the governor is intent on gas drilling.

The Cuomo administration remained silent, with spokesman Josh Vlasto on Wednesday simply saying in a statement that "no final decision has been made and no decision will be made until the scientific review is complete and we have all the facts."

The governor was not in Albany Wednesday, and no major legislation was on tap, ensuring that talk of hydrofracking was less likely to get lost or overshadowed by other developments.

It also came a day before Thursday, which in legislative jargon is "go-home day," when lawmakers typically meet early for a short session and then leave for home.

Hydrofracking opponents are set to arrive at noon Thursday, while supporters begin at 1 p.m.